The Provincial Crown Attorney is in charge of the case once a person gets legally charged. The majority of Crown Attorneys will not dismiss domestic assault charges against an accused just because the victim requests it.
Crown prosecutors in Ontario have the authority to dismiss criminal charges against the accused. For three key reasons, Toronto criminal lawyers are usually able to get charges dropped:
- There is a lack of proof or a witness who refuses to cooperate.
- As part of a plea bargain;
- For the sake of technicalities
Who are Crown Prosecutors?
Lawyers get hired by governments to prosecute criminals. These lawyers are Crown prosecutors in Alberta. The majority of Crown prosecutors in Alberta work for the provincial government, while the rest work for the federal government. Crown prosecutors handle charges brought under the Criminal Code of Canada, the Youth Criminal Justice Act of Canada, provincial statutes (such as the Alberta Traffic Safety Act), and other laws.
The Role of Crown Prosecutors
Crown prosecutors are responsible for representing the public interest. Crown prosecutors do not represent the police, victims, or defendants.
Crown prosecutors have a quasi-judicial function in deciding whether to prosecute a case (a judicial job performed by a non-judicial officer). The Crown prosecutor prosecutes the charges brought by the police against the accused if there is sufficient evidence and the case is in the public interest. The Crown prosecutor withdraws the charges or puts a stay of proceedings if there is insufficient evidence or not in the public interest. The Crown office may assist the police during an investigation of complex circumstances. However, before sending the matter to the Crown prosecutors, the police typically conduct an independent inquiry.
How to write a letter to the crown attorney
- Your letter should get addressed to Your Honour.
- Make sure typed or written in neat handwriting.
- Ensure that it is signed and dated.
- Explain why you’re writing the letter, such as, “I’m writing this letter to express my heartfelt remorse for my irresponsible and harmful conduct.”
- Accept complete responsibility for your acts, for example, “There was no excuse for my conduct, and I accept full responsibility for what I’ve done.”
- Describe yourself, for example, “I’ve worked hard for many years and have never been in difficulty with the police.” I’m a father of two young children, and I’d never want to be a negative influence on them. I acknowledge that my actions have made me a bad example
- Describe your arrest.
Ensure your letter is official and respectful. It is the most effective technique to secure a favorable response.
You’ll almost certainly need the assistance of an attorney to have your charges dismissed. Prosecutors can dismiss charges voluntarily, but they need to persuade and negotiate with the defendant before filing a dismissal in court. Your lawyer can also file a motion with the court asking for the charges to get dismissed. The majority of judges defer to the prosecution and only rarely drop charges on their initiative. Under the right circumstances, a prosecutor may bring a case that is so flawed that the judge must dismiss the charges.